Section 28.33.030. Operating a commercial motor vehicle while under the influence of an alcoholic beverage, inhalant, or controlled substance.

   (a) A person commits the crime of operating a commercial motor vehicle while under the influence of an alcoholic beverage, inhalant, or controlled substance if the person operates a commercial motor vehicle
        (1) while under the influence of an alcoholic beverage, inhalant, or any controlled substance;
        (2) when, as determined by a chemical test taken within four hours after the alleged offense was committed, there is 0.04 percent or more by weight of alcohol in the person's blood or 40 milligrams or more of alcohol per 100 milliliters of blood, or when there is 0.04 grams or more of alcohol per 210 liters of the person's breath; or
        (3) while under the combined influence of an alcoholic beverage, inhalant, and a controlled substance.
   (b) Operating a commercial motor vehicle while under the influence of an alcoholic beverage, inhalant, or controlled substance is a class A misdemeanor.
   (c) The sentencing of a person convicted under this section shall be in accordance with the minimum periods of imprisonment, fines, rehabilitative treatment, and other provisions of AS 28.35.030, as if the person had been convicted of a violation of AS 28.35.030. For purposes of sentencing, convictions for operating a commercial motor vehicle while under the influence of an alcoholic beverage, inhalant, or controlled substance under this section, and for refusal to submit to a chemical test under AS 28.35.032, if arising out of a single transaction, are considered one previous conviction.

Authorities

12.55.039;28.15.165;28.15.166;28.33.031;28.33.033;28.33.140;28.35.030;28.35.032

Notes

Implemented As

2 AAC 90.050

References

2 AAC 90.440
2 AAC 91.020
22 AAC 05.615
AS 12.55.039 Surcharge.
AS 28.15.165 Administrative revocations and disqualifications resulting from chemical sobriety tests and refusals to submit to tests.
AS 28.15.166 Administrative review of revocation.
AS 28.33.031 Implied consent for operators of commercial motor vehicles.
AS 28.33.033 Presumptions and chemical analysis of breath or blood.
AS 28.33.140 Conviction resulting in disqualification from driving commercial vehicle.
AS 28.35.030 Operating a vehicle, aircraft, or watercraft while under the influence of an alcoholic beverage, inhalant, or controlled substance.
AS 28.35.032 Refusal to submit to chemical test.

History

(Sec. 15 ch 3 SLA 1992; am Sec. 21 ch 60 SLA 2002)